United States v. James D. Thompson

29 F.3d 637 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. James D. THOMPSON, Defendant-Appellant. No. 93-10768. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 25, 1994. Before: FARRIS, KOZINSKI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 James Donald Thompson appeals his misdemeanor conviction for assault by striking, in violation of 18 U.S.C. Sec. 113 (d) (penalizing assaults committed within the maritime and territorial jurisdiction of the United States). Thompson contends that he acted in self-defense. We affirm. I. 3 On May 15, 1992, Dennis Close, a ninth-grader, was walking home from school with five friends. As they passed Thompson's yard, Thompson, who at the time was twenty-nine years old, approached the group. Thompson called out to Close and accused him of hurting one of Thompson's dogs. Close denied having hurt the dog, threw down the books he was carrying, and walked…